Last Updated on May 26, 2019 by LawEuro
Communicated on 13 February 2019
SECOND SECTION
Application no. 31174/09
Münire DEMİREL
against Turkey
lodged on 21 May 2009
SUBJECT MATTER OF THE CASE
The application concerns the alleged unfairness of the criminal proceedings under which the applicant was convicted as a result of the use by the trial court of evidence allegedly obtained through ill-treatment and in the absence of a lawyer from G.Ç. and S.K. in the course of their police interview and identity parade which had taken place when they were allegedly held incommunicado while in police custody for fourteen and nine days respectively (see Erkapic v. Croatia, no. 51198/08, 25 April 2013; Ömer Güner v. Turkey, no. 28338/07, 4 September 2018; and compare Dominka v. Slovakia, (dec.) no. 14630/12, §§ 28-36, 3 April 2018).
QUESTION tO THE PARTIES
Did the applicant have a fair trial within the meaning of Article 6 §§ 1 and 2 of the Convention? In particular, did the use of evidence obtained by G.Ç. and S.K. allegedly through ill-treatment and in the absence of a lawyer to convict the applicant prejudice the overall fairness against the applicant (see Erkapic v. Croatia, no. 51198/08, 25 April 2013; Ömer Güner v. Turkey, no. 28338/07, 4 September 2018; and compare Dominka v. Slovakia, (dec.) no. 14630/12, §§ 28-36, 3 April 2018)?
The Government are invited to submit copies of all the relevant documents concerning the applicant’s case, including but not limited to the minutes of all the hearings, the reasoned judgment of the trial court, the evidence listed therein, and the written submissions of the applicant and his lawyer throughout the proceedings.
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